County of Placer v. Superior Court

In probation revocation proceedings, the Placer County Superior Court ordered that Wade Stoner be allowed to inspect his probation file maintained by the Placer County Probation Department. The probation department seeks extraordinary relief, arguing that the Penal Code discovery provisions (Pen. Code, § 1054 et seq.) are the exclusive means by which a probationer can obtain discovery in probation revocation proceedings.

As we will explain, regardless of whether the Penal Code discovery procedures otherwise apply in probation revocation proceedings, Penal Code section 1203.10 gives the trial court the authority to allow a probationer to inspect nonconfidential portions of his probation file. Accordingly, we shall deny the requested relief.

BACKGROUND

Stoner was convicted of a violation of Health and Safety Code section 11379, subdivision (a), the importation, sale, distribution, or transportation of a controlled substance. He was placed on probation for a period of five years. The probation department subsequently filed a petition for revocation of probation, alleging eight violations of probation.

Stoner’s counsel served a subpoena duces tecum on the county probation…